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CA SB 947

California Senate Bill 947 - Employment: Automated Decision Systems

Adds Labor Code Part 5.5.5 on employers' use of automated decision systems (ADS). Bars using an ADS to violate labor or civil rights law, to infer an employee's protected status, or to predict and act against workers exercising legal rights; bars relying solely on an ADS for disciplinary or termination decisions and requires human corroboration where an ADS output is the primary basis; and requires a written post-use notice and, on request, a description of the employee's data used. Operative July 1, 2027.

Jurisdiction

California

Enacted

Sep 30, 2026

Effective

Jul 1, 2027

Enforcement

California Labor Commissioner (citations, temporary relief, civil actions); public prosecutors

Approved by Governor Newsom and chaptered by the Secretary of State on September 30, 2026 as Chapter 859, Statutes of 2026. Adds Part 5.5.5 (commencing with Section 1520) to Division 2 of the Labor Code. Passed the Assembly 53-14 on August 30, 2026; the Senate concurred in Assembly amendments 28-10 on August 31, 2026; enrolled and presented to the Governor on September 9, 2026. The act takes effect January 1, 2027 (no urgency clause) and Section 1526.7 makes the Part operative July 1, 2027.

California Legislative Information: SB 947, Chapter 859, Statutes of 2026 (chaptered text)

Why It Matters

Requires human corroboration of ADS-driven disciplinary and termination decisions and shifts the burden of proof to the employer once ADS use is shown. Covers public employers as well as private ones, and does not preempt local ordinances that give employees equal or greater protection.

Recent Developments

Signed September 30, 2026 in a package with SB 951 (notice when a mass layoff, relocation or termination is caused by an AI system) and AB 1331 and AB 1883 (workplace surveillance tools). An employer that complies with the Part's notice requirements need not comply with substantially similar ADS notice provisions in other state law, except California Privacy Protection Agency automated decisionmaking technology regulations for businesses covered by the CCPA.

At a Glance

Applies to

Automated Decision SystemRecruitment AI

Harms addressed

Who Must Comply

  • Employers in California, including labor contractors, farm labor contractors and state and local government employers
  • Disciplinary and termination decisions that rely on automated decision system output

Safety Provisions

  • Prohibits using an ADS to prevent compliance with or violate labor, occupational safety, employment or civil rights law, to infer protected status under Government Code section 12940, or to predict and take adverse action against workers for exercising legal rights
  • Prohibits relying solely on an ADS for a disciplinary or termination decision
  • Where an employer primarily relies on ADS output for discipline or termination, a human must corroborate it with other information such as supervisory evaluations, personnel files, work product, peer reviews or witness interviews; uncorroborated, inaccurate, incomplete or misleading output may not be used
  • Written plain-language post-use notice to the affected employee stating that an ADS was primarily relied upon, that a human reviewed and corroborated it, and whom to contact
  • Employee right to a meaningful, objective description of their own data used by the ADS, with other individuals' personal information anonymized
  • Anti-retaliation protection; once ADS use in a disciplinary decision is shown, the employer bears the burden of showing it did not primarily rely on the ADS or complied with the Part

Exemptions

Collective bargaining agreement waiver

The Part does not apply to parties covered by a collective bargaining agreement that explicitly waives it in clear and unambiguous terms, provides for wages and working conditions, and provides protection from algorithmic management

  • • Valid collective bargaining agreement
  • • Explicit waiver of the Part
  • • Agreement provides protection from algorithmic management

Federal aerospace and defense requirements

Does not apply to ADS use required by or reasonably necessary to comply with a federal statute, regulation or binding federal contract on aircraft development for the national airspace or national security, military, space or defense products and services

  • • Use required or reasonably necessary under federal statute, regulation or binding contract
  • • Aircraft or national security, military, space or defense development

Compliance & Enforcement

Key Dates

Jul 1, 2027

Labor Code Part 5.5.5 becomes operative: ADS prohibitions, human corroboration of ADS-driven discipline and termination, post-use notices and employee data access

Penalties

$500/violation

View on map

California

Focus Areas

Algorithmic accountability
Active safeguards required

Cite This

APA

California. (2026). California Senate Bill 947 - Employment: Automated Decision Systems.

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Last updated October 4, 2026. Verify against primary sources before relying on this information.